Cap One / Robinson Way - A debt which was paid off!

[MarieMarie]

Firstly, I do apologise if this letter is posted incorrectly. I have been looking over this website for hours and I find it extremely confusing.

 

Facts: I took out a credit card with Cap 1 in 2000. I also had one additional card for my then husband.

In 2005 we amicably separated. With proceeds from a settlement I paid off all of my outstanding debts including Cap 1. However, to assist my ex, I allowed him to keep his Cap 1 card until he could get a credit card of his own. I destroyed my card. He paid all the repayments, until sometime in 2006/7 ( I am trying to find out the exact date) my ex paid off the outstanding amount owed on the credit card and destroyed the card. He did send me proof. A few months or so later, a letter arrived from Cap 1 saying that my account was still outstanding and that I owed about £90 I telephoned Cap 1 explained that it had been paid off and they agreed and said that it was their mistake. Now 4 years later I receive a demand for almost £3.000 from Robinson Way, for this cap 1 debt. I requested a true copy of the agreement, and although it took them over a month, I received it today,with a demand to settle my outstanding debt within 10 days.

Can I request a copy of all transactions on this account and if so how do I go about it? I know for a fact that since it was totally paid off, the account has not been used, so surely this £3.000 is charges of some sort!

 

I appreciate any help in this matter.

 

JMG

Edited August 28, 2010 by MarieMarie

[maroondevo52]

Hello and Welcome,

 

You can send a Subject Access Request to Cap 1, this will let you know the score regarding payments made on the account and any charges levied against it.

Any charges on the account are re-claimable, whether the account is closed or not.

 

Here's the Subject Access Request template...........

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca

 

This will cost you £10, send a Postal Order. They have 40 days to comply.

 

In the meantime you could send Robinson Way this 'prove it' letter..........................

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt

 

Let us know how you get on,

 

Regards.

 

Scott.

[MarieMarie]

Thank you so much for your prompt and very helpful reply.

 

I will gladly let you know of the outcome!

 

JMG

[maroondevo52]

Hi,

 

Once you get your statements come back and we will help you re-claim the charges.

 

Regards.

 

Scott.

[MarieMarie]

Please read the story so far above....

 

I today received a letter from Cap one, which included and I quote "a reconstructed" copy of My original signed agreement, with a scanned copy of the signature page. The agreement is not in dispute however.. what has confused me and it does not take much, is they now want to charge me another £5.00 for copy statements. I already sent them £10 for the SAR... Surely the statements copies would come under this SAR? Plus they also state that the 40 day time limit to supply me with the SAR does not start to run until they receive this fee!

 

I know that this account was paid in full and the statements should prove that or at least prove that the account has not been used since then.

 

Do I send them the extra £5.00 or insist that they should be supplied under the SAR which has already been paid for?

 

I am sure they are trying to make this as troublesome and costly as possible in the hope I will give up, but I will take this all the way to court if need be as I know this account was paid.

 

They also warn against taking advice from internet forums. A clear sign that you have rattled their cage. keep up the good work!

 

JMG

[maroondevo52]

Hi,

 

They are talking twaddle, you have paid for the Subject Access Request and they have to supply you with whatever they have on you.

The 40 day time limit started when they recieved your £10.

[MarieMarie]

Just a quick question:

 

What is the procedure if Cap One do not supply all the information requested under the SAR? They have only supplied a copy of the original Credit Agreement so far.

 

The 40 day time limit is up on the Wednesday 13th.

 

Thank you for your time.

 

JMG.

[maroondevo52]

Hi,

 

There is a Data Protection Act non complience letter, I'm just having some trouble finding it, I'll post it tomorrow, unless some nice person reading this can post it for me.

 

Regards.

 

Scott.

[MarieMarie]

Thank you Scott.

 

I will look back tomorrow

 

Thank you for your help.

 

JMG

[maroondevo52]

Hi,

 

Here's the templates.

 

http://www.consumeractiongroup.co.uk/forum/content.php?593-Data-Protection-Act-Non-Compliance-Template-Letters